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DID LS 11.0695
<br />APp80 LAW
<br />Section 10. 7L'r 1?tTION3 2.ND TKPROivEMErT9: rr.wtwawe.a.
<br />X. Be alterations, isptotenenta'or iastallatioaa ay be made an the Premises eithout the
<br />prior consent of Lessor., such consent, if given, shall be subject to the needs and r.quireaats of
<br />the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to
<br />impose. In all events such consent shall be conditioned upon strict conformance with all applicable
<br />governmental requirement. and. Lessor's then - current clearance standards.
<br />B. All alterations, improveaeu or inetallations shall be at Lessee's sole cost and
<br />fie.
<br />C. Lessee shall comply with Lessor's then - current clearance standards, except (i) where
<br />to do so wend cause Leases to violate an applicable governmental requirement. or (ii) for sty
<br />ispro'rasent or device in place prior to L taking po ion of the Premises if such i.prcrramaat
<br />or device complied with Lessor's clearance standards at the tine of its installation.
<br />D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements
<br />of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to crisply
<br />with such requirements, nor shall any consent of Lessor be deemed to be a representation of such
<br />compliant..
<br />section 11.
<br />Lessee accepts the Premises in its present condition with all faults, whether patent or
<br />latent. and without varrsati.a.ar covenants, express or implied. Lessee acknowledges that Lessor
<br />shall have no duty to maintain. repair or improve the premises.
<br />Section 12. • RELS .SB AND T BDEAQ9'LRT.
<br />L. As a material part of the consideration for this Leas., Lessee. to the eztaat it•say
<br />lawfully do so. waives and releases any and all claims against Lessor for, and agrees to im our fy,
<br />defend and • held has:mlesa Lessor, its affiliates, and its and their officers, agents and employees
<br />(`Zneleanitied Parties') :wan and against, any loss, damage (including. without limitation positive or
<br />consequential, damages)), injury, liability; claim., daeand, cost or amperes. (including, witboat
<br />limitation, attorneys' fess and court costs), tine or penalty (collectively, •Loss•) itcasred by any
<br />person (including without Limitation, Lessor, Lessee, or any employee of Lessor or Lessee) and
<br />arising from or related to (i.) any use of the- Premises by.Less.e or any invitee or licens.4 of Lessee,
<br />(ii) any act or omission of Lessee, its•ofticure, agents, sosployeea licensees or iarite.s, or (iii)
<br />any breach of this Lease by Lessee.
<br />B. The foregoing release and indemnity shall apply regardless of any negligence,
<br />misconduct or strict liability of any Inde-miaied P arty, except that the indemnity, only, shall not
<br />apply to any Loss caused by the sole, acti.'xe, and direct negligence of any Indemnified Party if the
<br />Loss (i) was not occasioned by fire or other casualty, or (Li) was not occasioned by water, including
<br />without limitation. water damage dce to the position, location, construction or condition of any
<br />structures or other Leprovocoonta or facilities of any Indauaitied Party.
<br />C. Other, applicable to the Loss, the liability provisions of any contract beteeet Lessor
<br />and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss
<br />and shall supersede the psovisions of this Section 12. - • _ - - - - - - - - - • - - • - _ ._
<br />D. No provision of this Leese with respect to insurance shall limit the srtent of the
<br />release and iruies - +ty provisions of this Section 12.
<br />Section 13. 23MIZEUZILI.
<br />a. Lessor may terminate this Lease by giving Lessee notice of termination, it Lessee li)
<br />fails to pay rent within fifteen (15) days attar the due data, or (ii) defaults tinder any other
<br />obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee
<br />specifying the default, Lass.. tails either to immediately commence to =X* the detaule. or to
<br />complete the cure expeditiously but in all events within thirty (30) days after the default notice is
<br />given.
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<br />a(twuaet paataro\ r• oas anowsc. axe
<br />20180217.
<br />B. Notwithstanding the term of this Lease set forth in Article IL.3.., Lessor or Lessee
<br />may terminate this Lease without cause upon thirty (30) days' notice to other party: provided.
<br />hoverer, that at Lessor'a election, no such termination by Lessee shall be effective unless and until
<br />Lessee has vacated and restored the Promises as required in Section 15X), at which time Lessor shall
<br />refund to Lessee, on a pro rata basis, any unearned rental paid in advance.
<br />Section 14. j,BSSOR'S7EmavrE3.
<br />Lessor's remedies for Lessee's default are to (a)• enter and take po ion of the Premises.
<br />without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the
<br />rant from .relettiag, and charge Lessee for the ..oat of reletting, and /or Co) te•++OSt. this Lase as
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